Published 24 August 2023
Young OGEMID organized a 3-day virtual hot-topic discussion on the 2023 collaborative report between BIICL and White & Case report on the study of provisional measures issued by ICSID tribunals.
The study consists of three parts, summarising key new developments that have occurred since a 2019 report on provisional measures in investor-state arbitration, exploring procedural efficiency in the resolution of requests for provisional measures, and updating the 2019 report's findings in accordance with the newly available cases. Two of the authors of the report, Professor Yarik Kryvoi and Ivan Philippov, were present during the discussion to answer questions from Young-OGEMID members.
These provisional measures have been the source of debate and contestations owing to various reasons including the costs involved, controversies regarding virtual versus real-time proceedings, and standards and burden of proof involved, etc. This hot-topic debate discussed how the current study on ISDS Measures builds on the 2019 report, the entirety of the study sponsored by White & Case LLP.